CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 596
OF 27173OZ MARCH 91
CONFIDENTIAL
HKC241/4
TOP COPY NA Q DIST
40
031775 MDHOAN 0674
AM 214.
Ms Mayer.
PERSONAL FOR GOVERNOR FROM PAUL, HKD
VIETNAMESE MIGRANTS:
IMMIGRATION ORDINANCE
LORD CAITHNESS HAS CONSIDERED THE PROPOSED AMENDMENTS TO THE
IMMIGRATION ORDINANCE. WHILST HE IS ENTIRELY SYMPATHETIC WITH
1.
THE OBJECTIVE OF THE AMENDMENTS, HE IS NOT HAPPY WITH THE AMENDMENTS THEMSELVES. HE CONSIDERS THAT MORE TIME IS NEEDED TO IMPROVE THE DRAFTING AND THAT, IN PARTICULAR, MORE THOUGHT SHOULD BE GIVEN TO THE WIDER IMPLICATIONS.
2.
THE FUNDAMENTAL PROBLEM IS THE IMPOSSIBILITY OF FULLY RECONCILING THE NEED FOR WATER-TIGHT LEGISLATION IN HONG KONG WITH THE STRONG DESIRABILITY OF ENSURING THAT HMG ARE NOT IN BREACH OF THE ICCPR AS A RESULT OF THE AMENDMENTS. THERE IS, AS YOU WILL APPRECIATE, A FURTHER PRESENTATIONAL DIFFICULTY ARISING FROM THE PROXIMITY IN TIME OF THE TABLING OF AMENDMENTS TO THE IMMIGRATION ORDINANCE AND THE ENACTMENT OF THE BILL OF RIGHTS. PUT VERY BLUNTLY, RUSHING TO INTRODUCE THE AMENDED IMMIGRATION ORDINANCE BEFORE THE ENACTMENT OF THE BILL OF RIGHTS, IN ORDER TO TAKE ADVANTAGE OF THE ONE YEAR FREEZE PERIOD, WILL BE SEEN BY SOME PEOPLE AS A CYNICAL USE OF THE FREEZE PERIOD. MORE IMPORTANTLY, HOWEVER, IS THE QUESTION OF WHAT WILL HAPPEN WHEN THE FREEZE PERIOD ENDS. YOU WILL HAVE BOUGHT SOME TIME, BUT THE UNDERLYING RISK THAT THE SCREENING AND DETENTION POLICY MIGHT BE CHALLENGED IN THE COURTS IN HONG KONG WOULD REMAIN.
4.
OUR EXPERTS ARE TALKING WITH THE HONG KONG EXPERTS WHO ARE CURRENTLY IN LONDON EN ROUTE FOR THE MEETING WITH THE HUMAN RIGHTS COMMITTEE IN NEW YORK. WE WILL TELEGRAPH AGAIN IN THE LIGHT OF THE OUTCOME OF THEIR INFORMAL DISCUSSIONS. IN THE MEANTIME, I THOUGHT IT RIGHT TO ALERT YOU IMMEDIATELY TO THE EXTENT OF MINISTERIAL CONCERN ABOUT THE PREDICAMENT IN WHICH WE NOW FIND OURSELVES.
5. I THEREFORE HOPE THAT IT WILL BE POSSIBLE TO EXTEND THE TIMETABLE TO ENABLE OUR RESPECTIVE EXPERTS TO TAKE THEIR
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